Bill Text: IL SB2340 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Reinserts the provisions of the bill as engrossed, with the following changes: Provides that an advocate and victim's attorney may be exempt from a requirement to exclude a victim's identity in certain records, and removes "parent" from the list of exempt individuals. Provides that a court may for the adult victim's protection and for good cause shown, prohibit any person or agency present in court from further disclosing the adult victim's identity. Provides that a court may prohibit such disclosure only after giving notice and a hearing to all affected parties. Provides that in determining whether to prohibit disclosure of the adult victim's identity the court shall consider: (a) the best interest of the adult victim; and (b) whether such nondisclosure would further a compelling State interest. Provides that the copy of the criminal history record information that is to be provided under a provision concerning criminal sexual offense and school districts shall exclude the identity of the adult victim. Provides that the superintendent shall be restricted from revealing the identity of the adult victim.
Spectrum: Slight Partisan Bill (Democrat 27-9)
Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0652 [SB2340 Detail]
Download: Illinois-2021-SB2340-Chaptered.html
| ||||
| Public Act 102-0652 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 1. Short title. This Act may be cited as the | ||||
Privacy of Adult Victims of Criminal Sexual Offenses Act.
| ||||
Section 5. Definitions. | ||||
"Adult victim" means any person 18 years of age or older. | ||||
"Criminal history record information" means: | ||||
(1) chronologically maintained arrest information, | ||||
including, but not limited to, traditional arrest logs or | ||||
blotters; | ||||
(2) the name of a person in the custody of a law | ||||
enforcement agency and the charges for which that person | ||||
is being held; | ||||
(3) court records that are public, and
records that | ||||
are otherwise available under State or local law; or
| ||||
(4) records in which the requesting party is the | ||||
individual identified, except as provided under part (vii) | ||||
of paragraph (c) of subsection (1) of Section 7 of the | ||||
Freedom of Information Act.
| ||||
Section 10. Victim privacy. Notwithstanding any other law | ||||
to the contrary, inspection and copying of law enforcement | ||||
records maintained by any law enforcement agency or all | ||
circuit court records maintained by any circuit clerk relating | ||
to any investigation or proceeding pertaining to a criminal | ||
sexual offense, by any person, except a judge, State's | ||
Attorney, Assistant State's Attorney, Attorney General, | ||
Assistant Attorney General, psychologist, psychiatrist, social | ||
worker, doctor, parole agent, aftercare specialist, probation | ||
officer, defendant, defendant's attorney, advocate, or | ||
victim's attorney (as
defined in Section 3 of the Illinois | ||
Rights of Crime Victims and Witnesses Act) in any criminal | ||
proceeding or investigation related thereto shall be | ||
restricted to exclude the identity of any adult victim of such | ||
criminal sexual offense or alleged criminal sexual offense | ||
unless a court order is issued authorizing the removal of such | ||
restriction as provided under this Section of a particular | ||
case record or particular records of cases maintained by any | ||
circuit court clerk. | ||
A court may for the adult victim's protection and for good | ||
cause shown, prohibit any person or agency present in court | ||
from further disclosing the adult victim's identity. A court | ||
may prohibit such disclosure only after giving notice and a | ||
hearing to all affected parties. In determining whether to | ||
prohibit disclosure of the adult victim's identity the court | ||
shall consider: | ||
(1) the best interest of the adult victim; and | ||
(2) whether such nondisclosure would further a | ||
compelling State interest.
| ||
Section 15. Criminal sexual offense and school districts. | ||
When a criminal sexual offense is committed or alleged to have | ||
been committed by a school district employee or any individual | ||
contractually employed by a school district, a copy of the | ||
criminal history record information relating to the | ||
investigation of the offense or alleged offense shall be | ||
transmitted to the superintendent of schools of the district | ||
immediately upon request or if the law enforcement agency | ||
knows that a school district employee or any individual | ||
contractually employed by a school district has committed or | ||
is alleged to have committed a criminal sexual offense, the | ||
superintendent of schools of the district shall be immediately | ||
provided a copy of the criminal history record information. | ||
The copy of the criminal history record information that is to | ||
be provided under this Section shall exclude the identity of | ||
the adult victim. The superintendent shall be restricted from | ||
revealing the identity of the adult victim.
| ||
